Smt. Dineshwari Sahu vs Gangaram Sahu
2022 Latest Caselaw 5383 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                FA(MAT) No. 41 of 2021
                    Smt. Dineshwari Sahu Versus Gangaram Sahu



24/08/2022         Mr. Akash Kumar Kundu, Counsel for the appellant.

                   No representation is made on behalf of the respondent despite

service is effected.

Heard on I.A. No. 01/2022, application for condonation of delay in filing the appeal. Appeal is barred by 312 days.

The application for condonation of delay, in filing the appeal is supported by an affidavit.

The reason has been assigned that due to old age and illness, the appellant could not travel and hence she could not obtain copy of the impugned judgment and also could not contact the Counsel and hence the delay occurred in filing present appeal. The same is bonafide mistake.

Having considered the reasons stated in the application for condonation of delay, we deem it proper to condone the delay of 312 days in filing the appeal to decide the case on merits.

Accordingly, I.A. No. 01/2022 is allowed and the delay of 312 days in filing the appeal is condoned.

Heard.

Admit.

Issue notice to the respondent on merits by ordinary as well registered post on payment of process fee, as per rules. List the case for final hearing.

                        -Sd/-                            -Sd/-
                  (Goutam Bhaduri)               (Radhakishan Agrawal)
                       Judge                            Judge




Chandrakant